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  #1  
Old Jan 18, '12, 8:27 am
twf twf is offline
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Default Ratification of Annulments

I recently learned that in the Archdiocese of Vancouver, all declarations of nullity by the tribunal must be ratified by the National Appeal Tribunal in Ottawa prior to attempting a second marriage. To me this says that the Canadian bishops are taking annulments very seriously. Is there a similar provision in the United States? Other countries? I always assumed that a declaration of nullity at the local level was sufficient.
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Old Jan 18, '12, 8:41 am
Phemie Phemie is offline
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Default Re: Ratification of Annulments

Quote:
Originally Posted by twf View Post
I recently learned that in the Archdiocese of Vancouver, all declarations of nullity by the tribunal must be ratified by the National Appeal Tribunal in Ottawa prior to attempting a second marriage. To me this says that the Canadian bishops are taking annulments very seriously. Is there a similar provision in the United States? Other countries? I always assumed that a declaration of nullity at the local level was sufficient.
The petitioner is informed of the first decision but all annulments go to the court of second instance whether that's the National Appeals Tribunal in Ottawa for all dioceses in Canada, or the ~ 30 regional tribunals in the US. If the decision isn't what the petitioners had hoped for they are able to appeal to the Rota in Rome for a review of their cases. They also have the choice of appealing the first decision directly to the Rota, bypassing the regional court of second instance.
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  #3  
Old Jan 18, '12, 8:57 am
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Brendan Brendan is offline
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Default Re: Ratification of Annulments

A postitive declaration of Nullity ( where the Sacrament has been found to be invalid or null) , per Canon Law, have to be ratified by a designated Court of Appeal (ocalled a Tribunal of Second Instance).

This is true everywhere and is required by Canon Law

Quote:
Can. 1438 Without prejudice to the prescript of ⇒ can. 1444, 1, n. 1:

1/ from the tribunal of a suffragan bishop, appeal is made to the metropolitan tribunal, without prejudice to the prescript of ⇒ can. 1439;

2/ in cases tried in first instance before the metropolitan, appeal is made to the tribunal which the metropolitan has designated in a stable manner with the approval of the Apostolic See;

.
This is often done at the Metropolitan level ( Archdiocese).

But of the Metropolitan Archbishop has designatated a national tribunal, that is certainly within his power to do so.

If a positive result is confirmed by the Court of Appeal, either party has a right to appeal further to Rome.
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  #4  
Old Jan 18, '12, 9:30 am
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Default Re: Ratification of Annulments

Every decision must receive a second decision in order for it to actually be a full decision of a declaration of nullity. In other words without the second decision the declaration of nullity never actually was.
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  #5  
Old Jan 18, '12, 10:10 am
Spirithound Spirithound is offline
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Default Re: Ratification of Annulments

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Originally Posted by joanofarc2008 View Post
Every decision must receive a second decision in order for it to actually be a full decision of a declaration of nullity. In other words without the second decision the declaration of nullity never actually was.
If the court of first instance denies the declaration of nullity, does that decision automatically go to a court of second instance?
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  #6  
Old Jan 18, '12, 10:13 am
Phemie Phemie is offline
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Default Re: Ratification of Annulments

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Originally Posted by Spirithound View Post
If the court of first instance denies the declaration of nullity, does that decision automatically go to a court of second instance?
Yes.
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  #7  
Old Jan 18, '12, 10:28 am
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lizaanne lizaanne is offline
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Default Re: Ratification of Annulments

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Originally Posted by Phemie View Post
If the decision isn't what the petitioners had hoped for they are able to appeal to the Rota in Rome for a review of their cases. They also have the choice of appealing the first decision directly to the Rota, bypassing the regional court of second instance.
And all documents submitted need to be in Latin, and the petitioner is responsible for all translation costs.

~Liza
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  #8  
Old Jan 18, '12, 11:02 am
dans0622 dans0622 is offline
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Default Re: Ratification of Annulments

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Originally Posted by Spirithound View Post
If the court of first instance denies the declaration of nullity, does that decision automatically go to a court of second instance?
Hello Spirithound,

Contrary to what "Phemie" has said, my answer is no. If the first instance Court decides in the negative, the case is finished unless one of the Parties makes an appeal to a higher Court. The law requires this automatic review only for the first, affirmative decision (c. 1682).

Dan
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  #9  
Old Jan 18, '12, 11:08 am
dans0622 dans0622 is offline
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Default Re: Ratification of Annulments

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Originally Posted by lizaanne View Post
And all documents submitted need to be in Latin, and the petitioner is responsible for all translation costs.

~Liza
Hello Liza,

I'm unaware of this requirement. Where did you hear this? While the Rota operates in Latin, the original documents and evidence are accepted in their original language. An exception would be for languages that are not commonly understood at the Rota. In that case, the originals would be translated and my guess is that it would probably be into a language other than Latin. For example, a case from Korea would be translated into English (in Korea) and then sent to the Rota.

Dan
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  #10  
Old Jan 18, '12, 11:16 am
Phemie Phemie is offline
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Default Re: Ratification of Annulments

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Originally Posted by dans0622 View Post
Hello Spirithound,

Contrary to what "Phemie" has said, my answer is no. If the first instance Court decides in the negative, the case is finished unless one of the Parties makes an appeal to a higher Court. The law requires this automatic review only for the first, affirmative decision (c. 1682).

Dan
I stand corrected.
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  #11  
Old Jan 18, '12, 11:40 am
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Brendan Brendan is offline
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Default Re: Ratification of Annulments

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Originally Posted by dans0622 View Post
Hello Liza,

I'm unaware of this requirement. Where did you hear this? While the Rota operates in Latin, the original documents and evidence are accepted in their original language. An exception would be for languages that are not commonly understood at the Rota. In that case, the originals would be translated and my guess is that it would probably be into a language other than Latin. For example, a case from Korea would be translated into English (in Korea) and then sent to the Rota.

Dan
She was joking
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  #12  
Old Jan 18, '12, 12:52 pm
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Matthew Holford Matthew Holford is offline
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Default Re: Ratification of Annulments

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Originally Posted by Spirithound View Post
If the court of first instance denies the declaration of nullity, does that decision automatically go to a court of second instance?
No, but the parties to the case may appeal.
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  #13  
Old Jan 19, '12, 7:15 am
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lizaanne lizaanne is offline
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Default Re: Ratification of Annulments

Quote:
Originally Posted by dans0622 View Post
Hello Liza,

I'm unaware of this requirement. Where did you hear this? While the Rota operates in Latin, the original documents and evidence are accepted in their original language. An exception would be for languages that are not commonly understood at the Rota. In that case, the originals would be translated and my guess is that it would probably be into a language other than Latin. For example, a case from Korea would be translated into English (in Korea) and then sent to the Rota.

Dan
Quote:
Originally Posted by Brendan View Post
She was joking
I wasn't actually. I clearly remember this in the instructions I received when filing my own petition, 12 years ago. That requirement may have changed since then, but I know I read it in my own instructions.

~Liza
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  #14  
Old Jan 19, '12, 4:22 pm
puzzleannie puzzleannie is offline
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Default Re: Ratification of Annulments

Quote:
Originally Posted by twf View Post
I recently learned that in the Archdiocese of Vancouver, all declarations of nullity by the tribunal must be ratified by the National Appeal Tribunal in Ottawa prior to attempting a second marriage. To me this says that the Canadian bishops are taking annulments very seriously. Is there a similar provision in the United States? Other countries? I always assumed that a declaration of nullity at the local level was sufficient.
all annulment decisions from the local diocese must be sent to the "regional" (can't think of the word) archdiocese for review, called an automatic appeal. This is nothing new and says nothing negative at all about the process.
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